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Text: HF00108                           Text: HF00110
Text: HF00100 - HF00199                 Text: HF Index
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House File 109

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Rule of evidence 609, paragraph a, Iowa rules
  1  2 of evidence, third edition, is amended to read as follows:
  1  3    a.  GENERAL RULE.  For the purpose of attacking the
  1  4 credibility of a witness, evidence:
  1  5    (1)  Evidence that the a witness other than an accused has
  1  6 been convicted of a crime involving dishonesty or false state-
  1  7 ment shall be admitted, if elicited from the witness or
  1  8 established by public record during cross-examination, but
  1  9 only subject to rule 403, if the crime constituted a felony,
  1 10 aggravated misdemeanor, or other crime was punishable by death
  1 11 or imprisonment in excess of one year pursuant to the law
  1 12 under which he the witness was convicted, and evidence that an
  1 13 accused has been convicted of such a crime shall be admitted
  1 14 if the court determines that the probative value of admitting
  1 15 this evidence outweighs its prejudicial effect.  to the
  1 16 accused; and
  1 17    (2)  Evidence that any witness has been convicted of a
  1 18 crime shall be admitted if it involved dishonesty or false
  1 19 statement, regardless of the punishment.
  1 20    Sec. 2.  This Act shall apply to all charges filed on or
  1 21 after the effective date of this Act.  
  1 22                           EXPLANATION
  1 23    This bill changes a portion of the Iowa rule of evidence
  1 24 which relates to when the credibility of a witness may be
  1 25 impeached by evidence of conviction of a crime.  Currently, in
  1 26 order to be able to be used for impeachment purposes, the
  1 27 crime must both involve dishonesty or false statement and be
  1 28 punishable by imprisonment of more than one year, and it can
  1 29 only be used if it is mentioned by the witness or established
  1 30 by public record during cross-examination.  The changes
  1 31 contained in the bill conform this portion of the rule to the
  1 32 portion of the federal rule of evidence 609, which deals with
  1 33 the same subject.  The requirement that the crime be mentioned
  1 34 by the witness or established on record during cross-
  1 35 examination is eliminated; evidence of commission of any crime
  2  1 of dishonesty or false statement may be used; and crimes
  2  2 involving punishment which is greater than one-year
  2  3 imprisonment may be used whether or not dishonesty or false
  2  4 statement is involved, provided that, in the case that the
  2  5 witness is the accused, the probative value of the evidence
  2  6 outweighs its prejudicial effect.
  2  7    The bill applies to charges filed on or after the effective
  2  8 date of the bill.  
  2  9 LSB 1561HH 76
  2 10 lh/jw/5
     
Text: HF00108                           Text: HF00110
Text: HF00100 - HF00199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index
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